EN EN
EUROPEAN COMMISSION
Brussels, 19.7.2018
COM(2018) 556 final
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN
CENTRAL BANK, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE,
THE COMMITTEE OF THE REGIONS AND THE EUROPEAN INVESTMENT
BANK
Preparing for the withdrawal of the United Kingdom from the European Union
on 30 March 2019
1
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN
CENTRAL BANK, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE,
THE COMMITTEE OF THE REGIONS AND THE EUROPEAN INVESTMENT
BANK
Preparing for the withdrawal of the United Kingdom from the European Union
on 30 March 2019
The United Kingdom's decision to leave the Union creates uncertainties that have the
potential to cause disruption European Council (Article 50), 29 April 2017
1
The European Council calls upon the Commission, the High Representative of the Union for
Foreign Affairs and Security Policy and the Member States to continue the work on
preparedness at all levels for the consequences of the UK withdrawal, taking into account all
possible outcomes. European Council (Article 50), 29 March 2018
2
The European Council renews its call upon Member States, Union institutions and all
stakeholders to step up their work on preparedness at all levels and for all outcomes. European Council (Article 50), 29 June 2018
3
Summary:
The withdrawal of the United Kingdom from the European Union has repercussions for
citizens, businesses and administrations in both the United Kingdom and the European Union.
These repercussions range from new controls at the EU’s (new) outer border, to the validity of
UK-issued licences, certificates and authorisations all the way to new conditions for data
transfers.
The European Union is working hard to reach an agreement on an orderly withdrawal, and
looks forward to discussing a framework for the future relationship with the United Kingdom.
However, there is no certainty that an agreement will be reached. And even if an agreement is
reached, the United Kingdom’s relationship with the European Union will no longer be one of
a Member State and thus, will be in a fundamentally different situation.
Therefore, everybody concerned needs to be prepared for the withdrawal of the United
Kingdom from the European Union on 30 March 2019. This Communication is to be seen in
the light of the call of the EU27 Leaders to intensify preparedness at all levels and encourages
all stakeholders that may be affected by the United Kingdom’s withdrawal to take the
necessary preparedness actions and to take them now.
1 http://www.consilium.europa.eu/media/21763/29-euco-art50-guidelinesen.pdf. 2 http://www.consilium.europa.eu/media/33458/23-euco-art50-guidelines.pdf. 3 https://www.consilium.europa.eu/media/35966/29-euco-art50-conclusions-en.pdf.
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1. The context
The United Kingdom has decided to leave the European Union
On 30 March 20194, the United Kingdom will leave the European Union and become a third
country.
Irrespective of the scenario envisaged, this will cause significant disruption for European
citizens, businesses and administrations. The European Council has repeatedly underlined the
need for preparedness action and on 29 June 2018 made a renewed call on Member States,
Union institutions and all stakeholders to step up their work on preparedness at all levels and
for all outcomes5. This Communication describes the ongoing preparedness work, outlines the
preparedness actions taken so far and points to the various challenges ahead.
The negotiation of a withdrawal agreement is ongoing
The European Union and the United Kingdom are currently negotiating a withdrawal
agreement. Progress on the legal text achieved at negotiators' level was reported on 19 March
20186. This progress includes detailed arrangements for a transition period to run until 31
December 2020 (see below). Further progress was reported in a joint statement of the EU and
the UK negotiators on 19 June 20187. While progress has been made, important issues remain
open, including the continued protection, in the United Kingdom, of the ʻstockʼ of
geographical indications protected in the United Kingdom while it was a Member State and
the standards of the protection of personal data transmitted to the United Kingdom while it
was a Member State. Also the issues related to ongoing police and judicial cooperation in
criminal matters remain open. In addition, issues surrounding the governance of the
Withdrawal Agreement, including the role of the Court of Justice of the European Union, are
still unresolved. Finally, no progress has been made in agreeing on a ʻbackstopʼ to avoid a
hard border on the island of Ireland, independently of the outcome of the negotiations of the
future relationship.
In parallel to the draft Withdrawal Agreement, the European Union and the United Kingdom
have started to discuss the content of a political declaration which would set out an overall
understanding on the framework for a future relationship between the European Union and the
United Kingdom.
It is currently planned that the Withdrawal Agreement would be agreed by the European
Union and the United Kingdom in October 2018, accompanied by the political declaration on
their future relationship. This would provide just sufficient time for the conclusion process in
4 The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the
Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified
withdrawal agreement establishes another date or, in accordance with Article 50(3) of the Treaty on
European Union, the European Council, in agreement with the United Kingdom, unanimously decides
that the Treaties cease to apply at a later date, all Union primary and secondary law will cease to apply
to the United Kingdom from 30 March 2019, 00:00 (CET). At this moment in time the Commission has
received no indication that the United Kingdom may request a prolongation of its EU membership. 5 http://www.consilium.europa.eu/en/press/press-releases/2018/06/29/20180629-euco-conclusions-art-
50/. 6 https://ec.europa.eu/commission/publications/draft-agreement-withdrawal-united-kingdom-great-
britain-and-northern-ireland-european-union-and-european-atomic-energy-community-0_en . 7 https://ec.europa.eu/commission/sites/beta-political/files/joint_statement.pdf
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the European Union (Council with the consent of the European Parliament) and ratification in
the United Kingdom.
The conclusion and ratification of a withdrawal agreement is a demanding
process
There might be a transition period…
If the draft Withdrawal Agreement is agreed by the European Union and the United Kingdom,
it would provide for a transition period between the withdrawal date (i.e. 30 March 2019) and
31 December 2020. During the transition period, the Union rules (the so-called Union acquis
including international agreements8), as they continue to evolve, would in general apply to
and in the United Kingdom, although the United Kingdom would no longer participate in the
governance or decision making of the EU institutions, bodies or agencies. A transition period
would thus give another 21 months to prepare for the day when EU law would cease to apply
to and in the United Kingdom.
8 During the transition period, the United Kingdom would remain bound by the obligations stemming
from international agreements to which the EU is a party. The EU will notify the other parties to these
agreements that during the transition period, the United Kingdom is to be treated as a Member State for
the purposes of these agreements.
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…but we need to prepare for all scenarios…
Stakeholders and national and EU administrations need to prepare for two possible main
scenarios:
If the Withdrawal Agreement is ratified before 30 March 2019, so that it can enter into
force on that date, EU law will cease to apply to and in the United Kingdom on
1 January 2021, i.e. after a transition period of 21 months, the terms of which are set
out in the Withdrawal Agreement.
In the absence of an agreement on a withdrawal agreement, or if the Withdrawal
Agreement is not ratified in time by both parties, there will be no transition period
and EU law will cease to apply to and in the United Kingdom as of 30 March 2019
(also referred to as the ʻno dealʼ or ʻcliff-edgeʼ scenario).
In addition, even if the Withdrawal Agreement is ratified and a future relationship agreement
is successfully concluded during the transition period, this relationship would not be that of a
Member State of the Union. The European Council has consistently recalled that a third
country cannot have the same rights and enjoy the same benefits as a Member State.
Therefore, preparing for the United Kingdom being a third country is of paramount
importance, even in the least disruptive scenario.
…and each scenario has different consequences
Main consequences of scenario 1: withdrawal on 30 March 2019 under the
Withdrawal Agreement, including a transition period until 31 December 2020
The United Kingdom will be a third country.
Continuation of the application of EU law in and to the United Kingdom: In general,
EU law would continue to apply during the transition period.
Exit from the institutional set-up: The United Kingdom would from 30 March 2019 no
longer participate in EU decision-making, EU institutions, governance of EU bodies
and agencies.
Management of the transition period: The role of EU institutions in the supervision
and enforcement of EU law in the United Kingdom would continue.
Negotiation of the future relationship: The European Union should negotiate with the
United Kingdom an agreement on the future relationship which should ideally be in
place (agreed, signed and ratified) at the end of the transition period and apply as from
1 January 2021.
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Main consequences of scenario 2: withdrawal on 30 March 2019 without a withdrawal
agreement
The United Kingdom will be a third country and Union law ceases to apply to and in
the United Kingdom9.
Citizens: There would be no specific arrangement in place for EU citizens in the
United Kingdom, or for UK citizens in the European Union.
Border issues: The European Union must apply its regulation and tariffs at borders
with the United Kingdom as a third country, including checks and controls for
customs, sanitary and phytosanitary standards and verification of compliance with EU
norms. Transport between the United Kingdom and the European Union would be
severely impacted. Customs, sanitary and phytosanitary controls at borders could
cause significant delays, e.g. in road transport, and difficulties for ports.
Trade and regulatory issues: The United Kingdom becomes a third country whose
relations with the European Union would be governed by general international public
law, including rules of the World Trade Organisation. In particular, in heavily
regulated sectors, this would represent a significant drawback compared to the current
level of market integration.
Negotiations with the United Kingdom: Depending on the circumstances leading to
the withdrawal without an agreement, the EU may wish to enter into negotiations with
the United Kingdom as a third country.
EU funding: UK entities would cease to be eligible as Union entities for the purpose of
receiving EU grants and participating in EU procurement procedures. Unless
otherwise provided for by the legal provisions in force, candidates or tenderers from
the United Kingdom could be rejected.
2. The difference between preparedness and contingency
Untangling a relationship built over more than forty years will inevitably result in significant
changes in the interactions with the United Kingdom at all levels, including economically and
legally. Preparedness cannot prevent the occurrence of these changes, which are a
consequence of the United Kingdom's decision, but aims at mitigating their impact. While the
European Union negotiates an orderly withdrawal with the United Kingdom, it aims to defend
the interest of a Union of 27 Member States, and its citizens, businesses and Member States
should also take action to prepare. Preparation must therefore be stepped up immediately
at all levels and taking into account all possible outcomes.
Citizens, businesses and Member States will be affected to different degrees, and the extent of
the disruption will depend on many factors, including on whether a withdrawal agreement
comes into force, and on the future relationship between the European Union and the United
Kingdom.
Preparedness means envisaging all possible scenarios and assessing all relevant related risks,
planning a response and reacting to potential outcomes. All possible and necessary steps must
be taken to ensure that a response is planned and that risks can be mitigated to the extent
9 As a consequence, the special regime which regulates the Association of Overseas Countries and
Territories (OCTs) in Part Four of the Treaty on the Functioning of the European Union will also no
longer apply to British OCTs.
6
possible by stakeholders and public authorities in the Union. Everyone must therefore prepare
for the changes that the departure of United Kingdom will inevitably bring.
When defining the actions that will have to be taken, the Commission distinguishes between
two different kinds of measures: preparedness measures and contingency planning.
a) Preparedness measures
Preparedness measures are measures that will have to be taken as a consequence of the
withdrawal of the United Kingdom, regardless of whether there will be a withdrawal
agreement with the United Kingdom or not.
For example, for economic operators who currently operate on the basis of authorisations and
certificates issued by United Kingdom authorities and bodies, preparedness measures could
include applying for authorisations and certificates in an EU27 Member State to ensure
continuous access to the EU market. Member States may wish to consider measures to
mitigate the additional administrative burden that would follow from new border control
measures and an increase in requests from economic operators for EU27 licences or
certificates.
At EU level, examples of preparedness measures are the relocation of the London-based
decentralised agencies and the reattribution of tasks from United Kingdom authorities to
EU27 authorities. These are necessary regardless of any agreement with the United Kingdom,
given that it is not possible to entrust a third country with such Union tasks or the hosting of
Union bodies.
b) Contingency planning
While EU law stays the same, the uncertainty of the negotiation process requires mapping of
all scenarios.
Contingency planning consists of envisaging the measures that would be necessary to mitigate
the effects of a withdrawal of the United Kingdom from the Union without a withdrawal
agreement, and hence without a transition period, which would inevitably arise around the
date of withdrawal (30 March 2019).
Contingency measures would in principle be temporary until the necessary long-term
adjustments are in place. Contingency measures cannot achieve the same results as an orderly
withdrawal negotiated through a withdrawal agreement, nor would they be able to recreate the
current situation where the United Kingdom is a Member State.
Contingency planning for the worst possible outcome is not a sign of mistrust in the
negotiations. The Commission is devoting very significant resources and committing great
efforts to achieve an agreement. This remains our goal. However, the outcome of negotiations
cannot be predicted.
Contingency measures would not necessarily involve legislative actions at EU level and could
fall within the responsibility of Member States, depending on the area of competence. In the
area of customs, for instance, there would be no need in principle to amend the Union
Customs Code as it already includes rules on third countries; contingency measures for
implementation at national level might be necessary to cope with the risk of long lines of
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vehicles waiting for customs procedures to be fulfilled. Within the legal framework of the
Union Customs Code, contingency measures should be developed and implemented in a
coordinated way.
3. Who should prepare?
Preparedness for the withdrawal of the United Kingdom is not limited to the European Union
institutions. It is a joint effort at EU, national, regional and local levels, as well as by
economic operators. In order to be prepared for the withdrawal and to mitigate the worst
impacts of a potential cliff-edge scenario, all actors need to take their responsibilities.
Preparedness is primarily for private actors, business operators and
professionals.
Although the withdrawal of the United Kingdom may appear to be playing out at a high and
rather abstract level between the United Kingdom and the European Union, its consequences
will be very real for citizens, professionals and business operators. The Member States
economies are closely inter-connected thanks to the Single Market, with integrated supply
chains across borders and extensive cross-border provision of services. The withdrawal may
therefore have a significant impact on such economic operators.
It is important that businesses of all sizes, including small and medium-sized enterprises
(SMEs), prepare and that they take action now. Private actors, business operators and
professionals need to take responsibility for their individual situation, assess the
potential impacts of a cliff-edge scenario on their business model, make the necessary
economic decisions and take and conclude all required administrative steps before 30
March 2019. The citizens who will be affected by the withdrawal of the United Kingdom,
as well as the public administrations that serve them, should also prepare for 30 March
2019.
Potential questions should be addressed to the competent authorities. Industry associations –
both at EU level and at national/regional level – have a crucial role to play in relaying
preparedness information to their members – in particular to small and medium-sized
companies. Embassies, consulates and population services have a similar role to play in
informing citizens.
In this respect, it is recalled that the EU regulatory framework that applies to third countries is
in place already and should be known to stakeholders. This regulatory framework remains
unchanged on the withdrawal date. The Commission has published notices (see below and
annex) to recall the rules that will apply when the United Kingdom becomes a third country.
While public authorities can provide support and guidance to clarify as much as possible the
legal regime that will govern relations between the European Union and the United Kingdom
and make the necessary changes to the legal framework to ensure that it continues to function
smoothly in an European Union of 27 Member States, the legal framework cannot be adapted
to fit each individual and specific commercial concern.
8
Many companies are relocating to EU27 or expanding their business in EU27. Other
companies have warned about the impact that a disorderly Brexit will have on their activities
or business models.
In some cases, companies are concerned for example by the need to exchange a UK
authorisation for one issued by an EU27 authority or body. Individual professionals may have
to exchange a UK certificate for one issued in an EU27 Member State or to request the
recognition of their UK professional qualifications in an EU27 Member State. As a
consequence they have been encouraged, via stakeholder notices (see below), to take the
necessary action as quickly as possible.
The European Union, national and regional authorities and trade organisations have published
supporting information and designed tools to assist individuals and businesses but further
efforts are needed, focussing in particular on small and medium enterprises.
From intra-EU sales to trade with the United Kingdom as a third country: preparing for
new procedures
International traders are aware of what trade with third countries outside the European Union
means, in terms of customs declarations, sanitary and phytosanitary (SPS) controls etc. They
are also aware of the necessary requirements for bringing products from third countries into
the Union Single Market, for example in terms of import formalities as well as compliance
with the applicable Union legislation and conformity assessment procedures. But many
companies have no experience with trade with third countries, as they only trade within the
Single Market without borders. Reaching out to those companies is therefore particularly
acute, while the challenge that the withdrawal of the United Kingdom from the European
Union represents is for them the highest: they will need to engage in procedures they are not
used to but which are mandatory for trade with third countries10
.
Information on trading with third countries is available on the website of the Commission11
.
In addition, national governments, for instance in Austria, Ireland and the Netherlands, have
set up dedicated webpages to help companies assess the impact and/or new procedures that
will follow the withdrawal of the United Kingdom from the EU (see below).
Member States, national and regional authorities have an important role to
play…
While the United Kingdom becoming a third country will have significant implications for the
European Union as a whole, the impact of Brexit on individual Member States will strongly
vary depending on their vicinity to and the closeness of their economic ties with the United
Kingdom, for example regarding shared infrastructure or the control of movement of goods
and people.
Member States share the competence to legislate with the European Union in many policy
areas, and their national and regional authorities are in charge of implementing and enforcing
10 Sanitary and phytosanitary issues were discussed with EU industry associations at a meeting of the
Advisory Forum on the Food Chain and Animal and Plant Health on 1 June 2018. 11 http://madb.europa.eu/madb/servicesForSME.htm which will be updated concerning the United
Kingdom in due course, depending on the outcome of the negotiations.
9
the Union acquis. Adaptations to national rules and guidance for stakeholders will be needed,
as well as significant investments in personnel and infrastructures (e.g. for customs, sanitary
and phytosanitary controls at the borders, competent authorities in charge of specific
procedures etc.). Regional authorities, especially those with legislative powers, but also local
authorities should be involved in the preparations.
Preparedness details and practicalities are discussed by experts of EU27 Member States
during technical expert seminars organised by the Commission. These informal seminars
provide a platform for the Commission to provide explanations on, for example, the content
of notices and enable Member States to raise issues of concern, address questions and share
best practices. They are instrumental in finding European solutions to the issues identified.
In addition to discussions at the EU level, several Member States have performed a
comprehensive screening of the domestic needs for legislative changes and other adaptations
of their legal instruments. Several have developed tools to support their economic operators
to prepare for the withdrawal of the United Kingdom.
On the Irish website 'prepareforbrexit.com' SMEs can assess their exposure to Brexit and find
information on related events and support. Ireland also offers funding to small and medium-
sized enterprises of up to 5000 EUR for Brexit preparedness related expenses (i.e. preparing
plans, attending events, building new contacts if there is a need for alternative suppliers, etc.).
The Dutch authorities have created the web-based 'Brexit impact scanner' which can be used
by SMEs to assess their exposure to potential problems related to the withdrawal of the
United Kingdom.
…together with the EU institutions, the European Commission and the EU
agencies
The EU pools Member States’ sovereignty, creating a consistent framework for Member
States and stakeholders to operate in. However, although the European Union has the
exclusive competence to legislate in some areas (e.g. customs, trade, fisheries), and shared
competence with Member States in others (e.g. internal market, transport, energy, security),
its powers to put in place preparedness and contingency measures are in many cases limited to
raising awareness and facilitating discussions and preparedness actions by concerned parties.
The Commission has identified several work strands where actions lie within its own remit.
a) Legislative changes and other instruments
The first work strand consists of a comprehensive screening of the Union acquis to identify
the measures, which have to be taken to address the situation in the various sectors and policy
areas in order to ensure that the EU rules continue to function smoothly in a Union of 27 after
the United Kingdom’s departure.
In the first phase, the Commission focused on the necessary legislative changes to be adopted
by the European Parliament and the Council and identified eight measures where adaptations
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will be necessary irrespectively of the outcome of the withdrawal negotiations12
. Given the
timetable, it is necessary that progress on these legislative proposals is rapid and that their
adoption takes place in good time before 30 March next year.
It is important to underline that it is not legally necessary to amend or delete all references to
the United Kingdom or its institutions and actors in existing EU legislation. These references
will simply become obsolete and redundant after withdrawal. Relevant modifications can be
made when the legal acts concerned are reviewed and updated in the future for other reasons.
Furthermore, the Commission may take additional necessary action by using the
empowerments it has received from the European Parliament and the Council in basic
legislative instruments to adopt implementing or delegated acts. This area is currently subject
to an ongoing in-depth scrutiny by the Commission.
Examples of legislative changes needed as a result of the United Kingdom’s withdrawal
Proposal on the apportionment between the United Kingdom and the EU27 of tariff
rate quotas included in the World Trade Organisation schedule of the Union. This
proposal is accompanied by a recommendation for a negotiating mandate from the
Council to pursue negotiations with other WTO members (a mandate was adopted by
the Council on 26 June 2018). The apportionment is a necessary adaptation to ensure
legal certainty and the continuous smooth operation of imports under the tariff rate
quotas to both the Union of 27 and the United Kingdom.13
Proposal for a Regulation complementing EU type approval legislation in the area of
motor vehicles, etc. This will allow holders of UK type approvals to apply for new
type approvals with EU27 type-approval authorities for the same types on the basis of
the documentation and test reports presented in the context of the earlier UK type
approvals.14
On energy efficiency, the conversion of the Union's 2030 target (expressed in percent)
into absolute values will need to be adapted to take account of the United Kingdom’s
withdrawal.
Amendment of the existing Regulation that lists both the countries whose nationals are
required to be in possession of a visa when crossing the external borders of the
Member States and the countries whose nationals are exempt from a visa requirement
for stays of no more than three months. The United Kingdom will have to be placed on
one or the other list15
.
Proposal to amend the Regulation on the Connecting Europe Facility to adjust the
alignment of the North Sea-Mediterranean corridor and design a new maritime route
to link Ireland with the continental part of the corridor.
Proposal to amend the Regulation on common rules and standards for ship inspection
12 https://ec.europa.eu/info/files/brexit-legislative-preparedness-proposals_en 13 COM(2018)321 final 14 COM(2018)397 final 15 This decision will be taken by the Council depending on the outcome of negotiations.
11
and survey organisations to ensure that the task of participating in the regular
assessment of two recognised organisations is transferred from the United Kingdom to
the EU27.
The Commission invites the European Parliament and the Council to give these proposals
related to the United Kingdom’s withdrawal priority treatment.
b) Preparedness notices prepared by the Commission services
In areas in which Member States or stakeholders need to take action, the Commission started
raising awareness end of 2017 through the publication of a large number of technical notices
that set out the legal and practical implications of the withdrawal of the United Kingdom from
the EU. The notices have been prepared by the Commission services, where relevant in
collaboration with the competent EU agency. They are all published on the Europa website16
and thus publicly available.
The notices set out what the situation in the sector concerned will be after the withdrawal.
They are based exclusively on the factual and legal situation that would prevail after the
withdrawal in the absence of any withdrawal agreement and do not contain any interpretation
about the outcome of the negotiations or its impact on the rules in a specific sector. Should the
legal situation change further to the conclusion of a withdrawal agreement with the United
Kingdom or due to a change of the legislation concerned, the notices will be adapted or be
withdrawn if they are no longer relevant.
To date, the Commission has published 68 such notices, covering for example the areas of
health and food safety, transport, financial stability and financial services, environment,
internal market, customs, civil justice, company law and professional qualifications. In several
areas the notices are accompanied by Questions and Answers published on the website of
individual Commission Directorates-General and services, or EU agencies.
c) The relocation process for EU agencies and bodies
Institutional matters and budgetary issues are other important areas where the Commission is
screening the needs and in some cases has already taken the necessary steps. An example is
the relocation of the two London-based agencies: the European Medicines Agency and the
European Banking Authority, which will move to, and operate out of respectively,
Amsterdam and Paris, as of 30 March 2019.
There are other similar files where relocation or reassignment of tasks is needed as a
consequence of the withdrawal of the United Kingdom from the EU, such as the relocation of
the Galileo Security Monitoring Centre or the reassignment of the tasks of the United
Kingdom-based EU Reference Laboratories for certain animal diseases and food safety to
laboratories in the EU-27 Member States. The relocation and reattribution work will have to
be finalised by 30 March 2019, given that, as mentioned, even with a transitional
arrangement, it will not be possible to entrust a third country with such Union tasks or the
hosting of Union bodies after the withdrawal date.
16 https://ec.europa.eu/info/brexit/brexit-preparedness_en
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d) Other work strands
The Commission is also working on other work stands, including a very practical aspect of
internal preparedness, namely the disconnection and adaptation of databases and IT systems
and other platforms for communication and information exchange to which the United
Kingdom should no longer have access.
Furthermore, the Commission is analysing the needs as regards the external preparedness,
i.a. the consequences of the withdrawal for international agreements to which the EU
(whether on its own, together with EU Member States or through EU Member States) is a
party and which are in place in a vast number of policy areas covered by Union law. The EU
intends to notify its international partners of the withdrawal of the United Kingdom once it
has sufficient certainty about the outcome of the ongoing negotiations on the United
Kingdom's withdrawal.
Finally, the Commission Representation in the United Kingdom will close and a Delegation
of the European Union in the United Kingdom will be opened on 30 March 2019.
4. Conclusion
Preparing for the withdrawal of the United Kingdom from the European Union, in whatever
scenario it may take place, is a matter for everyone. The withdrawal will change the
relationship and will have significant effects for the citizens and businesses of the EU of 27
Member States, some of which cannot be remedied.
It is therefore important to take the necessary action in time and that everyone – citizens,
businesses, Member States and EU institutions – take the necessary steps to be ready and to
minimise the negative impact that the withdrawal will have.
The Commission invites the European Parliament and the Council to give priority treatment to
the legislative proposals that are related to the withdrawal so that the acts can be in force by
the withdrawal date.
The Commission will continue and increase its preparedness work as a matter of the highest
priority. It stands ready to adapt to the developments in the negotiations in order to best serve
the 27 Member States, its citizens and businesses. It will review the situation after the
European Council (Article 50) in October 2018.
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Sectorial illustrations of preparedness challenges and actions
Transport, including aviation – Brexit preparedness
Depending on the mode of transport (air, road, rail, maritime, inland waterway), the EU sets
rules for the safety, security, and access to the EU market. These rules usually create
distinctions between EU operators and third country operators and provide access to those
who comply with EU requirements.
EU transport businesses should carefully assess whether the change of status of the United
Kingdom from a Member State to a third country impacts their operations, and should take
the necessary preparedness measures.
The Commission has published 10 notices relevant for the area of transport (air transport,
aviation safety, aviation and maritime security, road transport, rail transport, seafarer
qualifications, maritime transport, consumer protection and passenger rights, inland
waterways, industrial products), which set out in clear terms the implications of the United
Kingdom's withdrawal from the EU's legal and regulatory framework, e.g. in the area of
aviation safety, in the absence of any particular arrangement, thus providing stakeholders with
the requisite clarity on the baseline situation to which they were advised to adapt.
The Commission will adopt in the foreseeable future two proposals to amend existing
Regulations where the changes would be necessary under any scenario. Amending the
Regulation concerning the recognition at the Union level of organisations entrusted with
duties in relation to the inspection and survey of ships will increase legal certainty, secure
business continuity for the affected ship owners and preserve competitiveness of EU-27
Member States' flags. The proposal to amend the Regulation establishing the Connecting
Europe Facility aims at rectifying the situation following the United Kingdom's withdrawal,
when the transport infrastructure of the latter will no longer be situated in the Union to ensure
continued connectivity of the EU network.
Customs – Brexit preparedness
When the United Kingdom becomes a third country, and in the absence of an agreement
providing otherwise, the customs administrations in the EU, i.e., national customs authorities,
will have to enforce EU rules for both exports to and imports from the United Kingdom. This
means that the formalities that currently apply to trade with non-EU countries will apply,
including the submission of customs declarations for goods shipments and the related controls
to ensure compliance. Duties and taxes (notably VAT and excises) will have to be accounted
for. This is in contrast with the current situation where no such formalities or charges apply at
the borders for trade between the United Kingdom and the rest of the EU.
Customs formalities have implications in terms of additional documentation and data
requirements for businesses, processing and controls for customs, and infrastructure
requirements for both, including IT and physical infrastructure to allow appropriate risk based
controls.
All stakeholders concerned should prepare for a situation where shipments of goods from and
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to the United Kingdom are subject to customs procedures and controls.
National administrations have started preparing for this new situation, in particular by
planning new recruitments.
On its side, the Commission has looked carefully at the current legal framework and its
application. It has also focused its efforts on alerting Member States to the EU law obligations
in relation to trade with third countries, in parallel with its activity of publishing notices to
stakeholders. Technical seminars to raise awareness and to identify issues have been run with
EU27 Member States, and discussions have taken place with trade interests, notably through
the Commission's Trade Contact Group.
EU customs authorities depend greatly on sophisticated and joined up IT systems. The
Commission has started a process to ensure that the appropriate changes can be made both at
EU level and in Member States to reflect the change in the status of the United Kingdom.
Finally, the Commission is facilitating the accession of the United Kingdom to the Common
Transit Convention. This would be an important trade facilitation measure which would allow
goods to move quite freely under customs supervision across different jurisdictions and which
is particularly relevant in the case of goods going from one part of the EU to another via the
United Kingdom.
17 COM(2017) 331 final and COM(2017) 536 final.
Financial services – Brexit preparedness
Over the years, the United Kingdom in general and the City of London in particular has
become an important financial services centre, also thanks to the Single Market. Many
operators, including from third countries, have established themselves in the United Kingdom
and operate in the rest of the Single Market based on the passporting rights enshrined in the
EU financial services legislation.
These passporting rights will cease to exist after withdrawal. This means that the provision of
financial services from the United Kingdom to EU27 will be regulated by the third country
regimes in EU law and in the national legal frameworks of the respective Member State of the
EU customers. There will be no Single Market access. Operators in all financial services
sectors need to prepare for this scenario if they wish to ensure that there is no disruption in
their current business model and that they are in a position to continue serving of their clients.
In relation to contracts, at this juncture, there does not appear to be an issue of a general
nature linked to contract continuity as in principle, even after withdrawal, the performance of
existing obligations can continue. However every type of contract needs to be looked at
separately.
The Commission has published eight notices in this area. The European Supervisory
Authorities have provided extensive additional guidance to national competent authorities and
to market participants through a series of Opinions. The Commission has also proposed
modifications to some of the current supervisory arrangements to cater for potential financial
stability implications following the withdrawal of the United Kingdom. The co-legislators are
encouraged to adopt these proposals17
as rapidly as possible.
15
Pharmaceuticals – Brexit preparedness
EU pharmaceutical law requires the marketing authorisation holder for a medicine to be
established in the EU. Moreover, medicines manufactured in a third country undergo specific
controls upon importation.
Marketing authorisation holders and actors in the supply chain have to prepare for this
situation, in particular by ensuring that the necessary testing facilities are available in the EU.
Commission services, in close cooperation with the European Medicines Agency issued a
notice and several additional questions and answers documents to provide guidance. In
addition, a technical expert seminar with EU27 Member States and meetings with
stakeholders were organised. Finally, the European Medicines Agency has carried out a
survey of critical medicinal products as part of its broader preparedness planning.
Given the potential implications for financial stability, a technical working group, co-chaired
by the Bank of England and the European Central Bank, has been set up and is meeting
regularly with a focus on risk management in the period around 30 March 2019 in the area of
financial services. Additional authorities are participating in analysis on an issue-specific
basis. The group will report on its work to the Commission and the responsible authority in
the United Kingdom.
Food safety – Brexit preparedness
When the United Kingdom becomes a third country, and in the absence of an agreement
providing otherwise, the strict EU rules in relation to sanitary and phytosanitary (SPS)
conditions and controls on animals, plans and their products, will apply to the United
Kingdom as any other third country.
For imports of animals, plants and their products from the United Kingdom into the European
Union, the following rules will apply:
Trade can take place once the sanitary and phytosanitary (SPS) conditions for the
relevant agri-food products and the corresponding certification and control
requirements are established.
Physical infrastructures will have to be put in place to allow all movements of live
animals and animal products (including food of animal origin), and certain plants and
plant products, to go through Border Inspection Posts (BIPs) at seaports, at airports or
at land, as required by EU rules. The capacity of existing posts may need to be
increased while new posts will also be necessary.
10 notices have been published to raise awareness of business operators. Similarly, a technical
expert seminar with EU27 Member States and meetings with stakeholders were organised.
16
Personal data – Brexit preparedness
Currently, personal data can flow freely between the Member States of the EU, when the
GDPR (General Data Protection Regulation 2016/679) is respected. Once EU law ceases to
apply to the United Kingdom, the transfer of personal data from the EU to the United
Kingdom will still be possible, but it will be subject to specific conditions set in EU law.
Companies and Member States' authorities that are currently transmitting personal data to the
United Kingdom should therefore be aware that this will become a "transfer" of personal data
to a third country, and explore if it could be permitted under relevant provisions of EU
legislation. If the United Kingdom's level of personal data protection is essentially equivalent
to that of the EU, the Commission would adopt an adequacy decision which allows for
transfer of personal data to the United Kingdom without restrictions. However, this decision
could only be taken once the United Kingdom becomes a third country. Companies should
therefore assess whether, in the absence of an adequacy decision, measures are necessary to
ensure that these transfers remain possible. The Member States Data Protection Authorities
should assist companies in this endeavour.
Professional qualifications – Brexit preparedness
EU law provides for a facilitated recognition of professional qualifications obtained by EU
citizens in other EU Member States.
Citizens holding a professional qualification obtained in the United Kingdom should consider
whether it is advisable to obtain the recognition of a professional qualification in the EU27
while the United Kingdom is still a Member State.
The Commission published a notice on EU rules on regulated professions and the recognition
of professional qualifications. It advises in particular EU nationals with UK professional
qualifications obtained prior to Brexit to consult relevant nationals authorities on the need to
obtain recognition ahead of 30 March 2019.
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